NRA Tries to Bolster Case Against Florida Gun Law
A panel of the 11th U.S. Circuit Court of Appeals heard arguments in May about the Florida law, which the Legislature and then-Gov. Rick Scott approved after a mass shooting at Parkland's Marjory Stoneman Douglas High School that killed 17 people.
September 01, 2022 at 06:00 AM
4 minute read
The National Rifle Association is pointing to a Texas case to try to bolster its constitutional challenge to a 2018 Florida law that prevents people under age 21 from buying guns.
An attorney for the NRA filed documents Monday at the 11th U.S. Circuit Court of Appeals after a federal judge last week issued an injunction against a Texas law that bars people under 21 from carrying handguns outside their homes for self-defense.
While the details of the Florida and Texas laws are different, the NRA contends that they involve similar underlying issues about gun restrictions on young adults.
"The (Texas) court's opinion confirmed that young adults come within the Second Amendment's protections, and that banning young adults' right to purchase (or carry) a firearm is inconsistent with this nation's historical tradition of firearm regulation," NRA attorney John Parker Sweeney wrote in a filing known as supplemental authority.
A panel of the 11th U.S. Circuit Court of Appeals heard arguments in May about the Florida law, which the Legislature and then-Gov. Rick Scott approved after a mass shooting at Parkland's Marjory Stoneman Douglas High School that killed 17 people. The gunman, former Marjory Stoneman Douglas student Nikolas Cruz, was 19 at the time of the shooting.
The law banned sales of rifles and other types of long guns to people ages 18 to 20. Federal law already barred sales of handguns to people under 21.
The NRA challenged the Florida law, but Chief U.S. District Judge Mark Walker upheld the measure's constitutionality. That prompted the NRA to go to the Atlanta-based appeals court, where the case remains pending.
Walker, in part, focused on a landmark 2008 U.S. Supreme Court decision known as District of Columbia v. Heller. While the Heller case is broadly considered a major victory for gun-rights supporters, it also said certain "longstanding prohibitions" about guns do not violate the Second Amendment, according to Walker's ruling.
The Heller case cited prohibitions on such things as felons and mentally ill people possessing guns, Walker concluded that restrictions on 18-to-20-year-old people buying guns were "analogous" to the restrictions cited in the Heller case.
"In short, Heller's listed regulations are similar to restrictions on the purchase of firearms by 18-to-20-year-olds; all target specific groups that are thought to be especially dangerous with firearms," he wrote.
But the NRA has fought that conclusion and cited the ruling last week by U.S. District Judge Mark Pittman in the Texas case to try to bolster its arguments.
Pittman wrote that the "longstanding prohibitions regarding felons and the mentally ill were based on an individualized determination that allowing the person in question unfettered access to firearms would pose a threat to public safety. Texas's statutory scheme does the opposite. The scheme starts by prohibiting 18-to-20-year-olds from carrying a handgun for self-defense outside the home. Only if a rare exception applies may an 18-to-20-year-old seek to obtain a license to carry. And rather than determining that a person in question is a threat to public safety, certain exceptions require an individualized determination before allowing a person to exercise their Second Amendment rights."
The Fort Worth-based judge also wrote that the Second Amendment does not "mention any sort of age restriction."
"With this guidance, the court asks a simple question: Are law-abiding 18-to-20-year-olds properly considered members of the political community and a part of the national community?" Pittman wrote. "The answer is yes. And based on that answer, the court concludes that law-abiding 18-to-20-year-olds are a part of 'the people' referenced in the Second Amendment."
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'I've Seen Terrible Things': Lawyer Predicts Spike in Hazing Suits
How Florida Supreme Court Changes Affect Firms: AI Concerns at Forefront
11th Circuit Rejects Private School's Religious Rights Claim When Stopped From Broadcasting Public Prayer
Trending Stories
- 1We the People?
- 2New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 3No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 4Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 5Meet the New President of NY's Association of Trial Court Jurists
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250